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13 Nov 2009, 4:29 am
(I think this claim makes Mark McKenna’s point quite well: TM’s key wrong turn came when it abandoned competition. [read post]
11 Nov 2009, 7:16 am
In this chapter, I recount the development of the common law of trade marks, highlighting the background developments outside trademark law that influenced the allocation of trademark lawmaking authority over the course of the twentieth century. [read post]
11 Nov 2009, 6:05 am
Union Planters Bank, N.A., 530 U.S. 1, 6 (2000) (internal quotation marks and citation omitted)). [read post]
11 Nov 2009, 2:04 am
We mark this day as a celebration of those who made victory possible. [read post]
6 Nov 2009, 8:13 am
I think this is an unusual decision, so if you know of similar ones, please send them along. [read post]
6 Nov 2009, 7:19 am
I've taught statutory construction for three years at NYU Law School, and I can assure Judge Cole that there is nothing "straightforward" about the application of Pennhurst to these facts, because there is no straightforward way to define the level of ambiguity sufficient to trigger the canon. [read post]
5 Nov 2009, 9:14 pm
’” Or, I know it when I see it. [read post]
5 Nov 2009, 9:00 am
The second thing I found myself wondering is what enumerated power allowed Congress to do this anyway. [read post]
5 Nov 2009, 7:45 am
But he said that because members of Congress would likely also participate, time constraints might dictate against it. [read post]
4 Nov 2009, 10:13 pm
"You see the most disparity and the most potential for disparity, and I think that's a bad thing. [read post]
3 Nov 2009, 2:49 pm
" (snip) "[B]ecause I believe that when the history of this distinguished court is written, today's majority decision will be viewed with dismay, I add a few words of my own, 'more in sorrow than in anger,'" he wrote, quoting Act I, Scene 2, of "Hamlet. [read post]
3 Nov 2009, 8:31 am
"In addition, I want to point out that Republican members of the House fully participated in the Waxman-Markey climate change bill mark-up, even though a five-week analysis on the bill under consideration was not undertaken until after the bill was voted out of Committee. [read post]
2 Nov 2009, 5:54 am
So I see that Congress is taking at look at revising the federal recusal guidelines:The House Judiciary Committee, led by Rep. [read post]
31 Oct 2009, 4:06 pm
October 31, 2009 – A summary review of environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
31 Oct 2009, 5:29 am
 I think so. [read post]
30 Oct 2009, 5:00 am
And, if the WSJ's Jason Zweig is right and "[b]eing a fund director carries nice benefits, like earning as much as $200,000 a year for showing up at a handful of meetings, sometimes at fancy golf resorts"--where do I sign up? [read post]
28 Oct 2009, 4:46 am
I have a copy of Rep. [read post]
28 Oct 2009, 4:35 am
Virginia, decided in 1967 during the high water mark of the Warren Court. [read post]
27 Oct 2009, 10:52 pm
Mark McGwire has been named the St. [read post]
26 Oct 2009, 6:25 am
(IP Dragon) Colombia Legal victory for Coca Cola over trade mark (IP tango) Denmark Danish Supreme Court affirms decision forcing food stall operator using ORIENTEXPRESSEN to change her trade mark (Class 46) Europe Questions on acquiescence for ECJ in Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat) EWHC questions referred to ECJ in L'Oréal SA v eBay now available on Curia (Class 46) Disruptive innovations:… [read post]
